Zoning regulations outlined for resorts

HACKENSACK -- The Cass County Board approved land-use ordinance changes for the resort sections Tuesday following a second public hearing.

The changes will take effect 30 days from publication. A full copy of the ordinance is available on the county's Web site at www.co.cass.mn.us.

Resorts must cater primarily to those seeking recreation for periods of one day to one week or longer. They must have a current Minnesota Department of Health lodging license, manufactured home park license or recreational camping license.

They must include three or more cabins, rooms, buildings, structures or enclosures kept and advertised as available to the public as sleeping accommodations for a day, week, month or season or they must have campsites, recreational camping vehicle sites or manufactured housing sites available to the public daily, weekly, monthly or seasonally.

Resorts will be located in water-oriented commercial district. Existing resorts will be a permitted use in that district, while new resorts will require a conditional use permit.

Other uses possible by permit or conditional use in water-oriented commercial district may be restaurants, marinas, home occupation or business or a planned unit development.

If a resort is not on a waterway, it must lie in a standard commercial district.

Resorts must use groundcover to prevent erosion during construction periods. They must provide a storm water and erosion control plan and obtain a Minnesota Pollution Control Agency storm water permit for construction work on one or more acres.

At least 50 percent of the shore impact zone on a resort must be maintained in or restored to its natural state. Swimming areas, docks and watercraft mooring sites must be centrally located.

There are a maximum of four single-family residences allowed for owners, managers and employees at any resort. There are building density standards for first and second tiers from the waterway, with tighter requirements for natural environment and recreational development lakes than for general development lakes.

One section designed to help existing resorts survive now permits them to replace any existing structure without meeting density standards as long as the footprint of the building remains no larger than the one being replaced.

To expand, resorts must meet the density standards.

Resorts having second party ownership in individual cabins must deed record the ownerships with the County Recorder. Cabins may have to be moved or removed at such time as the property ceases to meet the definition of or operate as a resort. The property then would become a residential property and have to comply with residential property standards or planned unit development standards, which are more restrictive than those for resorts.

All cabins must be included in the resort rental business. The Minnesota Department of Health permit holder must apply for all county zoning permits for the property.